As a family law attorney at Durak Law in Franklin, Tennessee, one of the most common assumptions I encounter is that both spouses must actively participate in divorce proceedings. While that is certainly the norm, life is rarely predictable—and sometimes, one spouse might just go missing on you.
You may have been separated for years, lost contact, or perhaps your spouse moved and left no forwarding address. If you find yourself in this situation, know that you are not alone—and more importantly, Tennessee law provides a legal path forward.
Our experienced Franklin divorce lawyers will walk you through the specific steps required to obtain a divorce in Tennessee when your spouse cannot be located. The process is known as a default divorce, and although it involves some additional legal steps, it is a valid and effective solution for individuals who are ready to move on with their lives.
Can You Get a Divorce Without Your Spouse?
Yes—you can still get divorced even if your spouse is missing. Tennessee law permits default divorces when one spouse cannot be found, but the process is not automatic. The court will require you to demonstrate that you’ve made reasonable efforts to locate your spouse, and you must follow a series of procedural steps to satisfy legal notice requirements.
This process helps ensure that the absent spouse’s rights are protected while still allowing the present spouse to proceed. Tennessee law recognizes that you should not be trapped in a marriage simply because the other party is absent or uncooperative.
Step 1: File for Divorce in Tennessee
The first step in any divorce case, even when the spouse is missing, is to file a Complaint for Divorce with the appropriate court in the county where you or your spouse last lived together or where you currently reside.
When filing, you must include the last known address of your spouse and as much relevant information as possible. This includes:
- Full legal name
- Date of birth
- Last place of employment
- Names of known relatives
The grounds for divorce can be fault-based or no-fault. A common no-fault ground used in these cases is irreconcilable differences, but if abandonment or desertion applies, that may also support a fault-based ground.
Step 2: Attempt Diligent Search
Before the court allows you to proceed without your spouse, you must demonstrate that you’ve conducted a diligent search to try and locate them.
A diligent search means you’ve taken reasonable, proactive steps to find them, such as:
- Contacting family members, friends, or former neighbors
- Checking public records, such as voter registration or DMV databases
- Searching online databases and social media platforms
- Reviewing their last known employer or any military service records
It’s absolutely essential that you document every step of your search. Save emails, take screenshots, write down phone calls or conversations—this documentation will be required by the court to prove that you made a good-faith effort.
Step 3: Request Service by Publication
If your diligent search proves unsuccessful, the next legal step is to file a Motion for Service by Publication with the court. If approved, this allows you to publish a notice in a local newspaper for four consecutive weeks, alerting your spouse to the pending divorce.
Tennessee law permits service by publication only when personal service is impractical, and the judge must approve your request based on the evidence you present (Tennessee Rules of Civil Procedure, Rule 4.08). The publication must appear in a court-approved publication and follow specific formatting and timing rules.
The notice will include:
- Your name
- Your spouse’s name
- A statement that a divorce has been filed
- A directive for the spouse to respond within 30 days
Step 4: Wait for Default Response Period
Once the fourth publication runs, the 30-day waiting period begins. During this time, your spouse has the opportunity to respond to the complaint. If no response is filed within this window, the court may issue a default judgment.
This allows you to finalize the divorce without the other party’s participation. However, the relief the court can grant is somewhat limited in a default divorce, especially when your spouse is not present to defend or provide their side of the story.
What the Court Can and Cannot Grant in a Default Divorce
If the court is satisfied that you’ve followed proper procedures, it can grant several important components of a divorce, including:
- A final divorce decree
- Custody of children, if applicable
- Child support, under certain conditions and based on available financial information
However, there are limits to what the court will decide without the spouse’s input. In most cases, the court cannot:
- Divide marital property equitably if ownership is disputed
- Grant spousal support (alimony)
- Rule on contested financial issues such as retirement accounts or debts
The court’s decisions are based on what it knows. If the missing spouse later reappears and petitions to reopen the case, the court may revisit certain rulings—particularly those involving property or finances.
Why Legal Guidance is Essential
Navigating a missing-spouse divorce in Tennessee is procedurally intricate. Every step—filing, conducting a diligent search, requesting service by publication—requires careful documentation and compliance with state law. If you fail to meet the court’s requirements, your case could be delayed or even dismissed.
Our expert family attorneys at Durak Law can help you follow the proper procedures and protect your interests.
You Are Not Stuck; You Have Legal Options!
If your spouse has disappeared or refuses to engage, you may feel trapped in limbo. But Tennessee law does not require you to wait indefinitely. With the right approach—and the right legal support—you can secure a divorce and begin the next chapter of your life.
At Durak Law, we are committed to helping individuals take the necessary steps with confidence and clarity. If you believe your spouse cannot be found, or you’ve already tried searching without success, we are here to guide you through every stage of the process.
If your spouse cannot be found, contact Durak Law today at (629) 210-0866 to schedule a consultation today!. Let us help you move forward, even when your spouse is no longer in the picture.
